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Lawfare Is Not Enough: The U.S. Needs Legal Statecraft
Legal statecraft moves beyond lawfare, giving the U.S. a strategic instrument to shape the environment instead of playing defense. -
The Fentanyl Executive Order and Domestic Military Deployments
Any attempt to authorize domestic military deployments by designating fentanyl a weapon of mass destruction rests on absurd legal theories. -
Lawfare Live: Trials of the Trump Administration, Jan. 9
Join the Lawfare team at 4 pm ET for a discussion of the litigation targeting actions from President Trump. -
Rational Security: The “Caracas Like a Hurricane” Special Venezuela Edition
Scott Anderson sat down with Benjamin Wittes, Natalie Orpett, and Molly Roberts for a special deep-dive into the intervention in Venezuela. -
Congress Must Define ‘Unlawful Order’ Under Military Law
Without clear definitions, commanders risk issuing unlawful orders, and troops risk obeying them. -
The U.K.’s Plan for Electronic Eavesdropping Poses Cybersecurity Risks
The U.K. government’s latest attempt to access encrypted cloud backups could allow adversarial actors to gain access to sensitive data. -
Lawfare Daily: Mary Clare Jalonick on ‘Storm at the Capitol’
What lessons can be drawn from the attack on the U.S. Capitol five years later? -
Inside the Legal Battles Ahead for Nicolás Maduro
From extraterritorial arrest to head-of-state immunity, his case will test long-standing doctrines. -
Trump Orders U.S. Withdrawal from International Organizations and Treaties
The executive order directs executive branch departments and agencies to withdraw from over 60 international organizations and treaties. -
Justice Department Unseals Superseding Indictment in Maduro Case
The four-count indictment includes charges of cocaine trafficking and illegal weapons possession. -
The Law of Deposing Nicolás Maduro
Recent U.S. actions in Venezuela underscore the president’s broad authority to use military force. But threats of a “second wave” may still run up against its limits. -
Lawfare Daily: The Trials of the Trump Administration, Jan. 5
Listen to the Jan. 5 livestream as a podcast. -
The Situation: One Judicial Opinion That Sums Up Everything
Judge Paula Xinis’s opinion last month in the Abrego Garcia case is worth a deeper read. -
‘Me Considero Prisionero de Guerra’: Maduro Arraigned in Federal Court
A dispatch from the Jan. 5 hearing in the Southern District of New York. -
Scaling Laws: Release Schedules and Iterative Deployment with Open AI's Ziad Reslan
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Lawfare Daily: Jan. 6, 2026: Five Years of Congressional Action and Inaction
Reflecting on the fifth anniversary of the Jan. 6 attack on the U.S. Capitol. -
The Sde Teiman Crisis and the Assault on Israel’s Rule of Law
The court’s ruling about who can oversee an obstruction of justice investigation into military officials has broad rule-of-law implications. -
House Judiciary Committee Releases Jack Smith Deposition Transcript
Former Special Counsel Jack Smith defended his two criminal cases against Trump in 2022. -
The Chinese Military Is Built for Politics, Not Fighting Wars
China’s military possesses some dangerous weapons, but its ability to outfight the U.S. military is seriously overstated. -
The Key Challenges of Governing Commercial Spyware
Efforts to govern commercial spyware will continue yielding marginal progress unless three key problems are addressed.
More Articles
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The GSA’s Draft AI Clause Is Governance by Sledgehammer
The General Services Administration’s draft AI clause gets the governance problem right—then blows right past it. -
Two Illegal Biolabs Reveal Gaps in U.S. Biosecurity
The discovery of CCP-linked biolabs on American soil exposes major biosecurity gaps. Policymakers must act to improve oversight of biological research activity. -
AEA Litigation: Enforcing Congress’s Limits on Delegated Power
History shows the Trump administration is misinterpreting the Alien Enemies Act. The administration says courts shouldn't intervene.
